Oregon Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment

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The federal benefits that are exempt from garnishment include:


" Social Security Benefits

" Supplemental Security Income (SSI) Benefits

" Veterans' Benefits

" Civil Service and Federal Retirement and Disability Benefits

" Military Annuities and Survivors' Benefits

" Student Assistance

" Railroad Retirement Benefits

" Merchant Seamen Wages

" Longshoremen's and Harbor Workers' Death and Disability Benefits

" Foreign Service Retirement and Disability Benefits

" Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.

" Federal Emergency Management Agency Federal Disaster Assistance.


Other exempt funds include:


" unemployment income,

" some social security disability income payments,

" some workman's compensation payments, and

" some joint account funds if the account is held by spouses as tenants by the entirety and the judgment is against only one spouse.


Even if the bank account is in just your name, there are some types of funds that are considered "exempt" from debt collection under state or federal law. The rationale behind these laws is to allow people to preserve the basic necessities for living. Exempt funds remain exempt when deposited in checking, savings or CD accounts so long as they are readily available for the day to day needs of the recipient and have not been converted into a "permanent investment."

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FAQ

Under Oregon law, a Wage Garnishment can last up to a maximum of 90 days from when it is delivered. It will stop earlier than that if the debt is paid in full. Unfortunately, there is no restriction under Oregon law to stop a creditor from issuing a new Wage Garnishment once the first garnishment expires.

The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673).

You can pay the balance of the debt(s) at any time. Once your payment in full has posted to your account, we'll issue a Release of Garnishment Notice and send you and the garnishee a copy by mail. Delivery of the release notice is available by fax, upon request.

There is an exemption for 75% of your net wages so the debt collector can't take all of your paycheck. This 75% is exempt when it is in your bank account as well.

Stop Oregon wage garnishment with a claim of exemption Use the Claim of Exemption form from the Oregon State Courts website or the court clerk's office in the county where the garnishment is taking place. Fill out the form and provide all required information, including the specific exemptions you claim.

If you think that we have garnished property or money that is exempt (protected by law) from garnishment you may submit a Challenge to Garnishment through Revenue Online or submit the Challenge to Garnishment form.

Under Oregon Garnishment Laws, the amount they can take is usually limited to 25% of your net pay. We handle situations like this every day. They can't take your entire paycheck and they may have to give back some of the money they took from your account.

Use the Claim of Exemption form from the Oregon State Courts website or the court clerk's office in the county where the garnishment is taking place. Fill out the form and provide all required information, including the specific exemptions you claim.

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Oregon Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment